NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated February 5, 2009, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 837 at page 259, executed by Nancy K. Garrett for Nancy Kay Homes, LLC to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 18th day of March, 2020, at the front door of the Fayette County Courthouse, in the City of Fayetteville, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
That certain parcel of land located near Oak Hill, in the Plateau District of Fayette County, West Virginia, being Tract 1 & 2 of “Plat Showing Tracts 1 and 2 owned by Alfred E. and Thelma M. Toney”, dated May 4, 1984, by Benbob, Inc. (DB 398 PG 155). Bounded and more particularly described as follows:
BEGINNING at a rebar (set) on the intersection of the Right of Way Chapel Road and a 10′ right of way, being the corner of Tract 1 of the said Alfred E. and Thelma M. Toney, parcel of land, thence leaving the 10′ right of way and with the Right of Way of Chapel Road the following two (2) courses and distances: S 67deg. 07′ 00″ W 120.00′ to a drill steel (found), thence; S 69deg. 22′ 00″ W 59.50′ to a rebar (set), being the common corner of Tract 2, Alfred E. and Thelma M. (DB 398 PG 155), parcel of land and Loretta E. Manley (DB 575 PG 239), parcel of land, thence leaving the Right of Way of Chapel Road and with the boundary line of the said Toney and Manley parcels of land; N 19deg. 47′ 06″ W 147.21′ to a drill steel (found) on the boundary line of Joseph P. & Angela E Re (DB 508 PG 239), parcel of land, being the common corner of the said Toney and Manley parcels of land, thence with the boundary line of the said Re parcel of land the following three courses and distances: N 69deg. 35′ 00″ E. 74.43 feet to a drill steel (found), being the corner of the said Tract 1 and 2, thence; N 67deg. 40′ 45″ E 5.93′ to a drill steel (found), thence; N 06deg. 15′ 00″ E 38.00′ to a rebar (set), being the common corner of Emogene M. Dangerfield (WB 54 PG 376), parcel of land, thence with the boundary line of the said Dangerfield parcel of land; N 69deg. 15′ 00″ E 76.00′ to a fence post (found) on the said 10′ Right of Way, thence with the 10′ Right of Way; S 21deg. 38′ 00″ E 176.44′ to the point of beginning, containing 0.658 acres, more or less, as surveyed by ESI, Inc., Beckley, West Virginia.
And being the same property conveyed to Nancy Kay Homes, LLC, by Deed dated the 27th day of June, 2002, from Thelma M. Toney, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 587, at Page 571.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
3. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4. The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
CARL W. ROOP,
TRUSTEE